Agenda, decisions and minutes

To receive any apologies for absence.

None to note

 

To receive any declaration of personal interest.

None to note

 

To note any items that are a matter of urgency in the view of the Chairman for consideration.

 

None to note

 

The Chairman shall propose that the press and public be excluded from the meeting during the discussion on the following items due to the likely disclosure of exempt information as defined in paragraph 12, Part 4, Schedule 12A of the Local Government Act 1972. This paragraph should apply because the individuals in question are entitled to privacy and there is no overriding public interest that requires the disclosure of personal information relating to those individuals, nor their identity. Consequently, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

It was RESOLVED to exclude the press and public from the meeting during the discussion on the following items due to the likely disclosure of exempt information as defined in paragraphs 12 and 13, Part 4, Schedule 12A of the Local Government Act 1972.  These paragraphs applied as the individuals in question were entitled to privacy and there was no overriding public interest that required the disclosure of personal information relating to those individuals, or their identities. Consequently, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

 

To consider an application by Mr A

 

(separate copy for sub-committee members only)

 

DECISION

 

That the applicant was not a fit and proper person to be issued with a hackney vehicle / private hire driver's licence from Gwynedd Council.

 

DECISION

 

That the applicant was not a fit and proper person to be issued with a hackney vehicle / private hire driver's licence from Gwynedd Council.

The Chair welcomed everyone to the meeting. He highlighted that the decision would be made in accordance with Cyngor Gwynedd's Licensing Policy. It was noted that the purpose of the policy was to set guidelines for the criteria when considering the applicant's application, with the aim of protecting the public by ensuring that:

 

• The person is a fit and proper person

• The person does not pose a threat to the public

• The public are safeguarded from dishonest persons

• Children and young people are protected

• Vulnerable persons are protected

• The public have confidence in using licensed vehicles.

 

The Licensing Manager submitted the written report on the application received from Mr A to renew a hackney/private hire driver’s licence. The Sub-committee was requested to consider the application relating to the individual's suitability to be a driver of a hackney/private hire vehicle.

 

The Licensing Authority recommended that the Sub-committee should refuse the application.

 

The applicant was invited to elaborate on the application giving information about the background of the three occasions on which he received the penalty points, and his personal circumstances. He stated that he had not disclosed the penalty points on his application because he considered that only cases of drinking and driving and/or criminal behaviour had to be reported to the Licensing Unit. He accepted the seriousness of the situation, that if he lost his licence, he would lose his job.

 

It was RESOLVED that the applicant was not a fit and proper person to be issued with a hackney carriage/private hire driver's licence from Cyngor Gwynedd.

 

In reaching its decision, the Sub-committee considered the following:

·      The requirements of 'Cyngor Gwynedd's Licensing Policy for Hackney Carriages and Private Hire Vehicles'

·      Individual Suitability Guidelines

·      The report of the Licensing Department

·      The applicant's application form

·      The report of the Driver and Vehicle Licensing Agency

·      Verbal observations by the applicant

 

Specific consideration was given to the following matters:

 

Background

 

In December 2022 the applicant received 3 penalty points for exceeding the statutory speed limit on a public road.

 

In November 2023 the applicant received 3 penalty points for exceeding the statutory speed limit on a public road.

 

In June 2024 the applicant received 3 penalty points for exceeding the statutory speed limit on a public road.

 

RELEVANT CLAUSES OF THE POLICY

 

Paragraph 2.2 of the Council's Policy was considered, which states that a person with a conviction for a serious offence need not be automatically barred from obtaining a licence, but would normally be expected to remain free of any conviction for an appropriate period as stated in the Policy, and to show evidence that the individual is a fit and proper person to hold a licence. The applicant has a responsibility to show that he/she is a fit and proper person. Paragraph 2.4 states that when an applicant has a  ...  view the full minutes text for item 5.

To consider an application by Mr B

 

(separate copy for sub-committee members only)

 

DECISION

 

That the applicant was a fit and proper person to be issued with a hackney vehicle / private hire driver's licence from Gwynedd Council.

 

The Chair welcomed everyone to the meeting. He highlighted that the decision would be made in accordance with Cyngor Gwynedd's Licensing Policy. It was noted that the purpose of the policy was to set guidelines for the criteria when considering the applicant's application, with the aim of protecting the public by ensuring that:

 

• The person is a fit and proper person

• The person does not pose a threat to the public

• The public are safeguarded from dishonest persons

• Children and young people are protected

• Vulnerable persons are protected

• That the public can be confident in the use of licensed vehicles

 

The Licensing Manager submitted the written report on the application received from Mr B to renew a hackney/private hire driver’s licence. The Sub-committee was requested to consider the application relating to the individual's suitability to be a driver of a hackney/private hire vehicle.

 

The Licensing Authority recommended that the Sub-committee should approve the application.

 

The applicant was invited to elaborate on the application giving information about the background of the penalty points, and his personal circumstances. He stated that he did not use his phone to receive a call or send a message, and that he had set the phone to charge while sitting in traffic on the way home from work. He pointed out that he was driving his own car at the time and had no customers in the car. He added that he enjoyed his work as a taxi driver.

 

In response to a question as to why he had not included details of the offence on his application form, he stated that he lacked confidence in completing paperwork and that this was a mistake and not an attempt to hide the truth. He added that, over twenty years, he had received one speeding penalty.

 

RESOLVED that the applicant was a fit and proper person to be issued with a hackney/private hire vehicle driver's licence from Cyngor Gwynedd.

 

In reaching its decision, the Sub-committee considered the following:

·      The requirements of 'Cyngor Gwynedd's Licensing Policy for Hackney Carriages and Private Hire Vehicles' 

·      Individual Suitability Guidelines

·      The report of the Licensing Department

·      The applicant's application form

·      The report of the Driver and Vehicle Licensing Agency

·      Verbal observations by the applicant

 

Specific consideration was given to the following issue.

 

Background

 

In April 2025, the applicant received 6 penalty points and a fine of £200 for breaching a requirement in relation to the control of a vehicle and the use of a mobile phone in contravention of Section 41D of the Road Traffic Act 1988.

 

RELEVANT CLAUSES OF THE POLICY

 

Paragraph 2.2 of the Council's Policy was considered, which states that a person with a conviction for a serious offence need not be automatically barred from obtaining a licence, but would normally be expected to remain free of any conviction for an appropriate period as stated in the Policy, and to show evidence that the individual is a fit and proper person to hold a  ...  view the full minutes text for item 6.

To consider an application by Mr C

 

(separate copy for sub-committee members only)

 

DECISION

 

That the applicant was not a fit and proper person to be issued with a hackney vehicle / private hire driver's licence from Gwynedd Council.

 

The Chair welcomed everyone to the meeting. He highlighted that the decision would be made in accordance with Cyngor Gwynedd's Licensing Policy. It was noted that the purpose of the policy was to set guidelines for the criteria when considering the applicant's application, with the aim of protecting the public by ensuring that:

 

• The person is a fit and proper person

• The person does not pose a threat to the public

• The public are safeguarded from dishonest persons

• Children and young people are protected

• Vulnerable persons are protected

• That the public can be confident in the use of licensed vehicles

 

The Licensing Manager submitted a written report on an application received from Mr C for a hackney/private hire vehicle driving licence. The Sub-Committee was asked to consider the application in accordance with what relates to an individual's suitability to be a private hackney/hire vehicle driver.

 

The Licensing Authority recommended that the Sub-committee should refuse the application.

 

The applicant was invited to elaborate on his application and personal circumstances. He was also asked to explain why he was arrested which then led to the revocation of his taxi driver's licence in January 2025.

 

In response to a question as to why he had not appealed Flintshire County Council's decision to revoke his licence given that there was 'no further action' due to 'evidential problems' after his arrest, he stated that he was suffering stress as a result of the incident and had no desire to return to the post and face Council officers. By now, he indicated that he needed a job and that he was considering a move to another area.

 

In response to a question as to why necessary information was not disclosed on his application form, he stated that he had no reason to do so apart from the fact that he was uncomfortable and was worried that it would mean he couldn't gain future employment. He added that he had not received a conviction and was not guilty of a crime.

 

It was RESOLVED that the applicant was not a fit and proper person to be issued with a hackney carriage/private hire driver's licence from Cyngor Gwynedd.

 

In reaching its decision, the Sub-committee considered the following:

·      The requirements of 'Cyngor Gwynedd's Licensing Policy for Hackney Carriages and Private Hire Vehicles' 

·      Individual Suitability Guidelines

·      The Report of the Licensing Department

·      The applicant's application form

·      The Applicant's DBS

·      Copy of the applicant's driving licence

·      The report of the Driver and Vehicle Licensing Agency

·      Flintshire County Council's statement

·      Cheshire Police's Statement

·      Verbal observations by the applicant

 

Specific consideration was given to the following matters:

 

Background

 

In January 2025 the applicant was arrested for sexual assault, in contravention of section 3 of the Sexual Offences Act 2003. In the same month his licence was revoked by the relevant Authority as they were not satisfied on the basis of probability that he remained a fit and proper person to hold a licence.

 

In April 2025 an  ...  view the full minutes text for item 7.